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Articles 1501 - 1530 of 1727
Full-Text Articles in First Amendment
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Touro Law Review
No abstract provided.
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Faculty Publications
Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Law Faculty Articles and Essays
Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20
The First Amendment And The National Information Infrastructure, Fred H. Cate
The First Amendment And The National Information Infrastructure, Fred H. Cate
Articles by Maurer Faculty
What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
Articles by Maurer Faculty
A look at the controversial N.O.W. v. Scheidler case.
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Touro Law Review
No abstract provided.
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Touro Law Review
No abstract provided.
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Publications
No abstract provided.
Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen
Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen
Books
The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …
Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson
Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson
All Faculty Scholarship
First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …
The Sensitive Society, James F. Fitzpatrick
The Sensitive Society, James F. Fitzpatrick
Federal Communications Law Journal
No abstract provided.
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Federal Communications Law Journal
Symposium: The Transformation of Television News
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
Federal Communications Law Journal
Symposium: The Transformation of Television News
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
Federal Communications Law Journal
The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton
Articles
No abstract provided.
The Partial Republican, John O. Mcginnis
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
Federal Communications Law Journal
The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
Vanderbilt Law Review
Communication contributes to the marketplace of ideasI which is the only way to promote the discovery of truth in society. The importance of communication has led the United States Supreme Court to herald freedom of expression as "the matrix, the indispensable condition, of nearly every other form of freedom." Indeed, the Court protects few other constitutional rights with such fervor. First Amendment protection is not absolute, however, and the United States Supreme Court consistently has asserted that certain forms or classes of expression may be regulated without violating the Constitution. Generally speaking, the Court has carved exceptions to First Amendment …
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
Articles
No abstract provided.
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Cleveland State Law Review
Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.